Ex-Pa. Sen. Fumo guilty of 137 corruption counts

March 16, 2009

PHILADELPHIA (AP) — Democrat Vincent Fumo played by his own rules as he voraciously amassed power and supplicants over three decades in the state Senate.

A federal jury reminded him on Monday that even brilliant, wealthy lawmakers must sometimes answer to the rule of law, finding the much-loved and feared powerbroker guilty of all 137 corruption counts in a $3.5 million fraud and obstruction case.

Jurors blasted Fumo’s own testimony, when he compared his excesses to spitting on the sidewalk and said his only obligation as a senator was to show up and vote.

“How dare he!” exclaimed juror Kimm Guckin, of Levittown. “You’re in the public eye. You had an obligation to a lot of people.”

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The jury deliberated for about six days after a five-month trial that was nearly derailed at the last minute by a juror who made postings about the case on the Twitter and Facebook social networking Web sites.

Fumo, 65, embraced his distraught college-age daughter and his girlfriend after the verdict. He described himself as “just heartbroken.” He remains free on $2 million bail.

The South Philadelphia native earned millions of dollars as a lawyer and banking heir but insisted on using what he called OPM — other people’s money — to run his four homes, pay for annual yacht trips and even buy his preferred brand of hairspray, witnesses said.

In one telling anecdote, Fumo acknowledged on the stand that Senate staffers once bought the $17 hairspray and FedExed it to him at his waterfront estate in Florida, all at state expense.

“It seems like he was always searching, searching for something that he didn’t have, whether it was in his personal life or professionally,” said Guckin, a nonprofit employee. “Something just always seemed to be missing. In that respect, it’s very, very sad.”

Prosecutors charged that the already wealthy Fumo misspent more than $2 million of Senate resources and another $1.5 million from the nonprofit Citizens’ Alliance for Better Neighborhoods and the Independence Seaport Museum.

Fumo aide Ruth Arnao, who ran the Fumo-controlled Citizens’ Alliance, was found guilty of all 45 counts against her, including obstruction. Jurors called Arnao, 52, a follower who reaped the benefits of Fumo’s largesse, including a $150,000 annual salary.

Prosecutors will seek a sentence of up to 20 years in prison for Fumo, along with millions of dollars in restitution. The sentencing hearing has not been scheduled but is expected to last several days or more. Meanwhile, Fumo is due in court Thursday for a forfeiture hearing.

Defense lawyer Dennis Cogan said the case is far from over. He said he plans to appeal the judge’s decision to keep juror Eric Wuest on the panel despite his online postings.

Wuest had posted a Facebook message Friday that said to expect “a big announcement on Monday.” That prompted a closed-door meeting early Monday involving Wuest, the judge and lawyers in the case. The defense wanted him dismissed, calling the deliberations “tainted.”

“I was posting my thoughts. I was glad to be done,” said Wuest, 35, a benefits manager at a Center City law firm.

U.S. District Judge Ronald L. Buckwalter, in setting bail, ordered Fumo to post his four properties, which include the Philadelphia and Florida mansions, a central Pennsylvania farm and a New Jersey beach house. Prosecutors had argued that bail should be revoked, saying Fumo had millions of dollars in liquid assets and made more than $10 million a few years ago from the sale of his family bank.

“I don’t know where that money is. It could be sitting in a bank somewhere overseas,” Assistant U.S. Attorney John Pease said.

Fumo had testified in his own defense for six days, though jurors said he hurt himself by admitting he took thousands of dollars’ worth of “gifts” and “perks” from Citizens’ Alliance.

A string of Senate employees testified for the government, admitting they ran the boss’s farm, handled his finances, prepared campaign material and even spied on an ex-lover, seemingly on state time.

Fumo argued that his employees toiled day and night for the Senate and did the personal work for him on their own time.

As a longtime ranking Democrat on the Senate Appropriations Committee, Fumo funded Citizens’ Alliance with state grants and a $17 million donation from Peco Energy, a utility regulated by the state.

He left the Senate last year after 30 years in office to defend the criminal case. He had beaten two previous indictments early in his 30-year political career.

Jurors reiterated the words of Gov. Ed Rendell, who testified for Fumo but conceded on cross-examination that “the rules are the rules.”

“I don’t think we were trying to send a message with the verdict,” juror Greg Brecker said. “If it does, then maybe it’s good.”